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Webinar Archive Presentation

Presentation time: 90 minutes

Care must be taken when declaring an employee’s position redundant as the courts can, and will, enquire into the merits of the decision.

This webinar will look at key developments in the employment redundancy arena and will help ensure that you are able to provide your clients with robust advice, whether you are representing the employee or the employer.

Topics covered in this webinar will include:

What is “relevant information” and how much do you need to disclose?

Avoiding/responding to “It’s just my role with a different name”

Good faith consultation

Selection processes

The obligation to redeploy – can your client require applications or is there an obligation to automatically redeploy?

The higher threshold for justifying redundancy for employees on parental leave and in the 26 weeks after they return.

Please contact us if you use a dial up internet connection.

Booklet

Introduction

There have been a series of significant cases determined by the Employment Court (Court) in relation to redundancy since 2010, starting with the case of Wang v Hamilton Multicultural Society1 and culminating with the Court of Appeal's decision in Grace Team Accounting Ltd v Brake.2

When assessing a decision to make a position redundant the Employment Relations Authority (Authority) and Court will assess:

the genuineness of the redundancy; and

whether the dismissal was carried out in a procedurally fair manner.

Following a series of decisions, the Court of Appeal confirmed in Grace Team Accounting v
Brake that the Authority and Court are entitled to inquire into the merits of a business decision. This is to enable an assessment to be made about whether the decision was what a fair and reasonable employer could have done in all the circumstances, as required by s 103A of the Employment Relations Act 2000 (the ERA).

This paper focusses on key decisions on selection processes, redeployment, and how the Authority and Court has applied the decision in Grace Team Accounting to the assessment of whether redundancy decisions were fair and reasonable.

PowerPoint Presentation

These are the slides included in the webinar presentation.
Number of Slides: 53

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